QUESTION
Can i leave the state with my kids when i leave my husband
Asked on Oct 13th, 2014 on Child Custody - New York
More details to this question:
We are still married, no custody agreement in place. We just moved to New york and he told me i can't leave, but I can't afford to live here. we are currently living in his mothers house. I can move to Texas and live rent free and I have a good job there waiting that i can support the kids on
1 ANSWER
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Under the UCCJEA (a statute), once you live in a state for more than 6 months it becomes the children's home state. You can expect to have a fight on your hands over jurisdiction (which state is the home state), even if it is clear that you returned to the state where you just moved from, because it sounds like he will want to litigate in NY and wants to keep you here.
Generally, this is a complicated matter and you should talk to a lawyer in each state, but the longer you reside in New York, the more likely that it will become the home state.
Answered on Oct 14th, 2014 at 6:35 AM